Some lawyers would argue that this is a great opportunity.

This does not happen very often. When it does you should seize that opportunity.

But what really happens in your lawsuit when the defense finally admits they were responsible for your injuries?

Once the defense recognizes and acknowledges that they are liable for your injuries, the rest of the litigation will focus on the extent of your injuries. The defense will still make every effort to try and minimize the extent of your injuries. Your goal on the other hand is to try and maximize the value of your injuries.

The mere fact that the defense has accepted responsibility means that when your case goes to trial the jury will no longer have to consider who is responsible for your injuries. That is now a given.

Instead, the entire trial will focus on your damages; the harms and losses you suffered as a result of the defendant's carelessness.

You will need to bring in witnesses who will testify about the medical care and treatment you received. Your treating doctors will need to explain to the jury what problems you had initially, what treatment they rendered and what is your prognosis for the future.

The defense will likely bring in a doctor who has examined you on their behalf to show to the jury that your injuries are not as severe as you claim them to be.

It will ultimately be up to the jury to determine how much money should be in your verdict in order to compensate you for the defendant's carelessness. Once the defense has admitted liability, it's not a question of whether you will receive money but simply a question of how much.

I guarantee you that the defense will still do everything possible to minimize the value of your injuries and to show the jury that your damages are not nearly as bad as you claim to be.

To learn even more about how these malpractice cases work, I invite you to watch the video below...


Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer